Jalla & Ors v Shell International Trading and Shipping Company Ltd & Ors

Jalla & Ors v Shell International Trading and Shipping Company Ltd & Ors

The court determined that the appropriate way forward is to proceed to a preliminary trial of limitation issues as previously ordered, expanded to include all related proceedings. Jurisdictional challenges and threshold issues are to be resolved through this process, as limitation is central to jurisdiction. The...

Source-derived case information.

Parties
Claimant: Harrison Jalla; Claimant: Abel Chujor; Claimant: HRH The Olugbo (King) of Ugbo Kingdom; Claimant: Prince Akinfemiwa Akinruntan; Claimant: Prince Adeyinka Akinruntan; Defendant: Royal Dutch Shell PLC; Defendant: Shell International Trading and Shipping Company Limited (STASCO); Defendant: Shell Nigeria Exploration and Production Company Limited (SNEPCo)
Jurisdiction
England and Wales
Judgment Date
19 November 2020
Procedural Posture
Civil (environmental Tort) / Case Management Directions and Preliminary Issues Determination
Outcome
Preliminary issues on limitation to be tried as ordered, expanded to all proceedings; timetable adjusted; parties to clarify authorisation and status of Akinruntan proceedings; liberty to apply granted.
Legal Topics
Jurisdiction, Limitation Periods, Representative Actions, Nuisance, Negligence, Rylands V Fletcher Liability
Tort Law Environmental Law Civil Procedure Jurisdiction Limitation Periods Representative Actions Nuisance Negligence +1 more

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Parties

Harrison Jalla

Claimant

Abel Chujor

Claimant

HRH The Olugbo (King) of Ugbo Kingdom

Claimant

Prince Akinfemiwa Akinruntan

Claimant

Prince Adeyinka Akinruntan

Claimant

Royal Dutch Shell PLC

Defendant

Shell International Trading and Shipping Company Limited (STASCO)

Defendant

Shell Nigeria Exploration and Production Company Limited (SNEPCo)

Defendant

Procedural Posture

Civil (environmental Tort) / Case Management Directions and Preliminary Issues Determination

Legal Issues

  1. 1 Whether the English court has jurisdiction over the claims against STASCO and SNEPCo
  2. 2 Whether claims are statute-barred by limitation periods under English or Nigerian law
  3. 3 Whether the claims can proceed as representative actions under CPR 19.6

Ratio Decidendi

The court determined that the appropriate way forward is to proceed to a preliminary trial of limitation issues as previously ordered, expanded to include all related proceedings. Jurisdictional challenges and threshold issues are to be resolved through this process, as limitation is central to jurisdiction. The court declined to separate out threshold or jurisdictional issues for earlier determination, finding this would not be efficient or proportionate. The timetable for pleadings and evidence was adjusted, and the parties were directed to clarify authorisation and the status of the Akinruntan proceedings.

Court Disposition

Preliminary issues on limitation to be tried as ordered, expanded to all proceedings; timetable adjusted; parties to clarify authorisation and status of Akinruntan proceedings; liberty to apply granted.

Orders

  • Preliminary issues on limitation to be tried in all proceedings (HT-2017-000383, HT-2020-000143, BL-2019-002334)
  • Claimants to file and serve limitation pleadings and evidence by 7 May 2021